Rep. Mike Bost

Filed: 3/12/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1726

2    AMENDMENT NO. ______. Amend House Bill 1726 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The River Conservancy Districts Act is amended
5by changing Section 4a as follows:
 
6    (70 ILCS 2105/4a)  (from Ch. 42, par. 386a)
7    Sec. 4a. Every conservancy district so established shall be
8governed by a board of trustees. In the statement finding the
9results of the election to be favorable to the establishment of
10the district, the circuit court shall determine and name each
11municipality within the district having 5,000 or more
12population according to the last preceding federal census.
13    (1) In case there is one or more municipalities having a
14population of 5,000 or more within the district, the trustees
15shall be appointed as follows:
16        (a) In districts organized prior to July 1, 1961, where

 

 

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1    there is only one such municipality, 3 trustees shall be
2    appointed from such municipality, and one trustee shall be
3    appointed from the area within the district outside of such
4    municipality, and one trustee shall be appointed at large.
5    In districts organized on and after July 1, 1961, where
6    there is only one such municipality one trustee shall be
7    appointed from such municipality, and one trustee shall be
8    appointed from each county in the district, except that
9    where the district is wholly contained within a single
10    county, one trustee shall be appointed from that county and
11    one additional trustee shall be appointed from the
12    municipality, and, in any case, 2 trustees shall be
13    appointed at large. A trustee appointed from a county in
14    the district shall be appointed from the area outside any
15    such municipality. If the district is located wholly within
16    the corporate limits of such municipality, 3 of the
17    trustees of the district shall be appointed from such
18    municipality, and 2 trustees shall be appointed at large.
19    In a district wholly contained within a single county of
20    between 60,500 and 70,000 population and having no more
21    than one municipality of 5,000 or more population,
22    regardless of the date of organization, 3 trustees shall be
23    appointed from that municipality, 2 trustees shall be
24    appointed from the district outside that municipality, and
25    2 trustees shall be appointed at large. No more than 2
26    appointments by each appointing authority may be from the

 

 

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1    same political party.
2        (b) Where there are 2 or more such municipalities, one
3    trustee shall be appointed from each such municipality, one
4    trustee shall be appointed from each county in the district
5    for each 50,000 population or part thereof within the
6    district in such county according to the last preceding
7    federal census, and 2 trustees shall be appointed at large.
8    A trustee appointed from a county in the district shall be
9    appointed from the area outside any such municipality. If
10    the district is located wholly within the corporate limits
11    of such municipalities, 2 trustees shall be appointed from
12    the one of such municipalities having the largest
13    population, and one trustee shall be appointed from each of
14    the other such municipalities, and 2 trustees shall be
15    appointed at large.
16        (c) Trustees representing the area within the district
17    located outside of any municipality having 5,000 or more
18    population and trustees appointed at large when the
19    district is wholly contained within a single county shall
20    be appointed by the presiding officer of the county board
21    with the advice and consent of the county board and any
22    trustee representing the area within any such municipality
23    shall be appointed by its presiding officer. If however the
24    district is located in more than one county, any trustee
25    representing the area within a district located outside of
26    any municipality having 5,000 or more population and any

 

 

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1    trustee at large shall be appointed by a majority vote of
2    the presiding officers of the county boards of the counties
3    which encompass any part of the district, except that no
4    such appointment shall affect the term of any trustee in
5    office on the effective date of this amendatory Act of
6    1977. Any trustee representing the area within any such
7    municipality shall be appointed by its presiding officer.
8        (d) A trustee representing the area within any such
9    municipality shall reside within its corporate limits. A
10    trustee representing the area within the district and
11    located outside of any such municipality shall reside
12    within such area. A trustee appointed at large may reside
13    either within or without any such municipality but must
14    reside within the territory of the district. Should any
15    trustee cease to reside within that part of the territory
16    he represents, then his office shall be deemed vacated, and
17    shall be filled by appointment for the remainder of the
18    term as hereinafter provided.
19    (2) In case there are no municipalities having a population
20of 5,000 or more within such district located wholly within a
21single county, the statement required by Section 1 shall
22include such finding, and in such case the Board shall consist
23of 5 trustees who shall be appointed at large by the presiding
24officer of the county board with the advice and consent of the
25county board. If however the district is located in more than
26one county, the trustees at large shall be appointed by a

 

 

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1majority vote of the presiding officers of the county boards of
2the counties which encompass any portion of the district, but
3any trustee in office on the effective date of this amendatory
4Act of 1977 shall be permitted to serve out the remainder of
5his term. Each such trustee shall reside within the district
6and shall continue to reside therein.
7    (3) All initial appointments of trustees shall be made
8within 60 days after the determination of the result of the
9election. Each appointment shall be in writing and shall be
10filed and made a matter of record in the office of the county
11clerk wherein the organization proceedings were filed. A
12trustee shall qualify within 10 days after appointment by
13acceptance and the taking of the constitutional oath of office,
14both to be in writing and similarly filed for record in the
15office of such county clerk. Members initially appointed to the
16board of trustees of such district shall serve from date of
17appointment for 1, 2, 3, 4 and 5 years and shall draw lots to
18determine the periods for which they each shall serve. In case
19there are more than 5 trustees, lots shall be drawn so that 5
20trustees shall serve initial terms of 1, 2, 3, 4 and 5 years
21and the other trustees shall serve terms of 1, 2, 3, 4 or 5
22years as the number of trustees shall require and the drawing
23of lots shall determine. The successors of all such initial
24members of the board of trustees of a river conservancy
25district shall serve for terms of 5 years, all such
26appointments and appointments to fill vacancies shall be made

 

 

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1in like manner as in the case of the initial trustees. A
2trustee having been duly appointed shall continue to serve
3after the expiration of his term until his successor has been
4appointed. Each trustee initially appointed in accordance with
5this amendatory Act of 1995 shall serve a term of 3 or 5 years
6as determined by lot.
7    (4) Should a municipality which is wholly within a district
8attain, or should such a municipality be established, having a
9population of 5,000 or more after the entry of the statement by
10the circuit court, the presiding officer of such municipality
11may petition the circuit court of the county in which such
12municipality lies for an order finding and determining the
13population of such municipality and, if it is found and
14determined upon the hearing of such petition that the
15population of such municipality is 5,000 or more, the board of
16trustees of such district as previously established shall be
17increased by one trustee who shall reside within the corporate
18limits of such municipality and shall be appointed by its
19presiding officer. The initial trustee so appointed shall serve
20for a term of 1, 2, 3, 4 or 5 years, as may be determined by
21lot, and his successors shall be similarly appointed and shall
22serve for terms of 5 years. All provisions of this Section
23applicable to trustees representing municipal areas shall
24apply to any such trustee, including paragraph 5.
25    (5) Should the foregoing provisions respecting the
26appointment of trustees representing the area within any

 

 

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1municipality of 5,000 or more population be invalid when
2applied to any situation, then as to such situation any such
3provision shall be deemed to be excised from this Act, and the
4trustee whose appointment is thus affected shall be appointed
5at large by the presiding officer of the county board with the
6advice and consent of the county board except if the district
7embraces more than one county in which case the trustees shall
8be appointed at large by a majority vote of the presiding
9officers of the county boards of the counties which encompass
10any portion of the district.
11    (6) In the case of a board representing a district that
12embraces Franklin and Jefferson counties, a trustee may be
13removed for incompetence, neglect of duty, or malfeasance in
14office by the appropriate appointing presiding officer or
15officers, without the advice and consent of the corporate
16authorities, by filing a written order of removal with the
17appropriate county or municipal clerk or clerks. Removal that
18does not meet the above requirements shall require a unanimous
19vote by all appointing authorities.
20    (7) Notwithstanding any other provision of law to the
21contrary, in the case of a board representing a district that
22embraces Franklin and Jefferson counties, the terms of all
23trustees shall end on the effective date of this amendatory Act
24of the 94th General Assembly. Beginning on that date, the board
25shall consist of 7 trustees. The 7 trustees initially appointed
26pursuant to this amendatory Act of the 94th General Assembly

 

 

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1shall be appointed in the same manner as otherwise provided in
2this Section by the appropriate appointing authority and shall
3serve the following terms, as determined by lot: (i) 2 trustees
4shall serve until July 1, 2006; (ii) 2 trustees shall serve
5until July 1, 2007; (iii) one trustee shall serve until July 1,
62008; (iv) one trustee shall serve until July 1, 2009; and (v)
7one trustee shall serve until July 1, 2010. Upon expiration of
8the terms of the trustees initially appointed under this
9amendatory Act of the 94th General Assembly, their respective
10successors shall be appointed for terms of 5 years, beginning
11on July 1 of the year in which the previous term expires and
12until their respective successors are appointed and qualified.
13After the appointment of the trustees initially appointed
14pursuant to this amendatory Act of the 94th General Assembly,
15the number of trustees on the board may be increased in
16accordance with subsection (4).
17    (8) Notwithstanding any other provision of law to the
18contrary, in the case of a board representing a district that
19embraces Franklin and Jefferson counties, one trustee shall be
20appointed per 7,500 in population in each municipality, one
21trustee shall be appointed from the area within the district
22outside of each municipality, and one trustee shall be
23appointed at large for each county. Trustees shall be appointed
24in the same manner as otherwise provided in this Section by the
25appropriate appointing authority.
26    The provisions of this subsection apply only to

 

 

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1appointments made on and after the effective date of this
2amendatory Act of the 98th General Assembly. After the
3appointment of the trustees initially appointed pursuant to
4this amendatory Act of the 98th General Assembly, the number of
5trustees on the board may be increased in accordance with
6subsection (4) of this Section.
7(Source: P.A. 94-64, eff. 6-21-05.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".